ILLINOIS POLLUTION CONTROL BOARD

October 23, 1986

IN THE MATTER OF:

)

HAZARDOUS WASTE PROHIBITIONS

)

R 86-9

DISSENTING OPINION

(by

B.

Forcade):

I dissent

from today’s emergency rule.

My first

area of disagreement with the majority is the lack

of an emergency to

support this rulemaking

action.

My dissenting

Opinion of October

2,

1986, articulates my views on this issue

and

will not be repeated here.

My

second area of disagreement

is the large number

of

exemptions

and exclusions which the majority has adopted.

These

exceptions

and exclusions

(Section 709.110(b)

and Section

709.202) significantly reduce

the scope of the hazardous waste

land disposal prohibitions of Section 39(h)

of the Illinois

Environmental Protection Act.

My objections

to this reduction

in

scope were expressed

in my dissenting Opinions of June 11,

1986

(pp.

1—3)

and October

2,

1986

(p.

2),

Since those dissents were

written, the majority has further expanded the list of materials

exempted

from the Section 39(h)

coverage

to include voluntary

cleanup and spill

responses by responsible parties

(Section

709.202(c)).

I continue

to believe that the scope of Section

39(h)

coverage should

be determined by the character of the waste

(is

it hazardous or not),

rather than by the identity or

intentions of the generator.

In Section 729.102,

the majority has revived the

idea that

wastestreams “cease

to exist.”

My objections to this concept

were articulated

in my June 11, dissent at page 3.

I have a significant problem with the majority’s language

in

Section 709.106, governing deemed—issued permits.

This section

is

a blatent attempt

to extend the statutory deadline of Section

39(h)

from January

1,

1987, until mid—February,

1987.

Under

this

section,

an application filed before November

15,

1986, results

in

a “deemed issued” authorization

to continue land disposal.

That

“deemed issued” authorization would continue for

90 days or

until Agency action.

Thus,

if the Agency takes the full 90

days

for

review, the hazardous waste could be deposited

in a waste

site until mid—February,

l9B7, without “specific

authorization.”

This,

I believe,

clearly violates the statutory

deadline, which prohibits such action after January

1,

1987.

73-462

---

—2—

~

Member of the

Board

I,

Dorothy

M.

Gunn, Clerk of the Illinois Pollution Control

Board, hereby certify that the above Dissenting Opinion was

submitted on the

~3~(

day of

~

,

1986.

2~~i~•

~

Dorothy M./Gunn,

Clerk

Illinois Pollution Control

Board

73-463